Driver’s License After a First Time DUI in Milford
After a person is charged with a first offense DUI in Milford, it is very important that they contact a lawyer. An attorney can help guide a person through the legal process, and can provide them with a better understanding of their case, including what happens to a person’s driver’s license after a first time DUI in Milford.
There are two proceedings in Connecticut following an arrest for a DUI. The first is the DMV and the second is the criminal case. In either situation, a person faces the possibility of a license suspension.
At the DMV, the first time a person is arrested, there are various suspension periods, depending on whether the person took the breath test, what their limit was, and whether they refused the breath test. These all can carry a hard 45-day suspension where the person is unable to drive during that period. As a result of the DMV per se suspension in Connecticut, an individual will be required to obtain an ignition interlock device which would allow them to drive with certain conditions, so long as they have the ignition interlock device installed on their car.
The second portion would be at court, and unless a person is convicted, it does not result in a further suspension.
For the vast majority of people who are arrested for their first DUI and an attorney can either obtain a change in charge or get them into a program, there would be no further license suspension as a result of court. The only time the court action results in a suspension is in an actual conviction, and with first-time DUI offense, an attorney can work to try to avoid a conviction.
Challenging License Suspension
To challenge a license suspension, the DMV and the court play a role.
Typically, for a first-time offender, the only suspension is going to occur as a result of a DMV per se hearing. It is very important that someone charged with a first-time DUI in Connecticut, and in particular in Milford, contacts the DMV, or if they hired a lawyer, has their lawyer contact the DMV and requests a hearing to challenge that suspension.
If a person does not request a hearing, they are unable to challenge the DMV suspension, which will take effect upon the expiration of the time period, so it is very important that they request the hearing. Although many lawyers will say it is very difficult to win, and it is difficult to win, it is important that a person challenges it, because a person can never know what the issues may be until they see the reports and they want to preserve their right to challenge the suspension.
Additionally, the reason it is so important to challenge a suspension is because if a person is caught driving with a suspended license as a result of a DUI, they will be charged with a violation of Connecticut General Statute 14-215 (C) and the penalty is a mandatory 30 days in jail. It is very difficult to avoid a conviction for that crime and subsequently, the 30 days mandatory minimum sentence.